Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Claims 1-14, 18-19, 23-25 and 37 are pending in the present application file.
Election/Restrictions
Applicant’s election of Group I (claims 1-14, 18-19 and 23-25; directed to a chemical compound of formula (I)) and a species of instant formula (I) of Compound 109 without traverse in the reply filed August 13, 2026 is acknowledged.
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As per MPEP 803.02, the examiner will determine whether the entire scope of the claims is patentable. Applicants' elected species of present formula (I) appears free of the prior art. Therefore, according to MPEP 803.02: should the elected species be found allowable, the examination of the Markush-type claim will be extended. If the examination is extended and a non-elected species found not allowable, the Markush-type claim shall be rejected and claims to the nonelected invention held withdrawn from further consideration. The examination of the Markush-type claims has been extended to include the species cited below under 35 U.S.C. 102, which are not allowable, and instant claims 5-7, which are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As a non-elected species has been found not allowable, the Markush-type claims have been rejected and claims to the nonelected invention held withdrawn from further consideration. Claims 1-7 and 18-19 have been examined to the extent that they embrace and are readable on the elected embodiment and the above identified nonelected species. Since the nonelected species has been found not allowable, subject matter not embraced by the elected embodiment or the above identified nonelected species is therefore withdrawn from further consideration.
Claims 8-14, 23-25 and 37 do not read on the presently searched and examined subject matter. Therefore, claims 8-14, 23-25 and 37 are withdrawn from consideration by the Examiner under 37 CFR 1.142(b) as being drawn to a non-elected invention.
Priority
The following continuity data is acknowledged in the present application file:
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Information Disclosure Statement
The Information Disclosure Statement(s) filed 10/23/2024 and 06/02/2026 have been acknowledged by the Examiner. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement have been considered by the Examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pottie (Pottie, Eline, et al. ACS Chemical Neuroscience 12.9 (2021): 1667-1673.).
The prior art teaches the following compound as 2-(2,4-dimethoxyphenyl)-N-(2-fluorobenzyl)ethanamine (24H-NBF (3)) on page 1668 in Figure 1:
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This compound is embraced by the instant variables of formula (I) where X is OCH3 (see instant claims 2-3), Z is CH3, R4 is F, R1-R3 are H, R5-R8 are H (see instant claims 4 and 18-19), Y is H, and a-c are H.
Claims 1-4 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Braden (Braden, Michael R., et al. Molecular pharmacology 70.6 (2006): 1956-1964.).
The prior art teaches multiple compounds which are encompassed by instant formula (I). See compounds 24-NB (N-benzyl-2,4-dimethoxyphenethylamine), 24-NBMeO (N-(2-methoxybenzyl)-2,4-dimethoxyphenethylamine), and 24-NBOH (N-(2-hydroxybenzyl)-2,4-dimethoxyphenethylamine) in Fig. 1 on page 1958.
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Compound 24-NB is embraced by the instant variables of formula (I) where X is OCH3 (see instant claims 2-3), Z is CH3, R1-R8 are H (see instant claims 4 and 18-19), Y is H, and a-c are H.
Compound 24-NBMeO is embraced by the instant variables of formula (I) where X is OCH3 (see instant claims 2-3), Z is CH3, R4 is OCH3, R1-R3 are H, R5-R8 are H (see instant claims 4 and 18-19), Y is H, and a-c are H.
Compound 24-NBOH is embraced by the instant variables of formula (I) where X is OCH3 (see instant claims 2-3), Z is CH3, R4 is OH, R1-R3 are H, R5-R8 are H (see instant claims 4 and 18-19), Y is H, and a-c are H.
Claims 1-4 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CAS Registry No. 1354632-16-8 (which entered STN January 27, 2012).
CAS Registry No. 1354632-16-8 is directed to 2,5-dimethoxy-4-[2-[(2-methoxyphenyl)methylamino]ethyl]benzonitrile having the following structure:
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CAS Registry No. 1354632-16-8 is embraced by the instant variables of formula (I) where X is CN (see instant claims 2-3), Z is CH3, R1 is H, R2 is OCH3, R3 is H, R4 is OCH3, R5-R8 are H (see instant claims 4 and 18-19), Y is H, and a-c are H.
Claims 1-4 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CAS Registry No. 1391490-58-6 (which entered STN August 15, 2012).
CAS Registry No. 1391490-58-6 is directed to 4-[2-[(2-fluorophenyl)methylamino]ethyl]-2,5-dimethoxybenzonitrile having the following structure:
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CAS Registry No. 1391490-58-6 is embraced by the instant variables of formula (I) where X is CN (see instant claims 2-3), Z is CH3, R1 is H, R2 is OCH3, R3 is H, R4 is F, R5-R8 are H (see instant claims 4 and 18-19), Y is H, and a-c are H.
Claims 1-4 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CAS Registry No. 1537725-81-7 (which entered STN February 5, 2014).
CAS Registry No. 1537725-81-7 is directed to 5-Methoxy-2-[2-[(phenylmethyl)amino]ethyl]phenol having the following structure:
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CAS Registry No. 1537725-81-7 is embraced by the instant variables of formula (I) where X is OCH3 (see instant claims 2-3), Z is H, R4 is H, R1-R8 are H (see instant claims 4 and 18-19), Y is H, and a-c are H.
Allowable Subject Matter
Claims 5-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Claims 1-4 and 18-19 are rejected.
Claims 5-7 are objected to.
Claims 8-14, 23-25 and 37 are withdrawn.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUINCY A MCKOY whose telephone number is (703)756-4598. The examiner can normally be reached Monday - Thursday 8:00 - 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Murray can be reached at 571-272-5541. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUINCY A. MCKOY/
Patent Examiner, Art Unit 1626
/KAMAL A SAEED/Primary Examiner, Art Unit 1626
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